I am sending this letter to some of the great leaders in the AZ marijuana reform movement who may be upset to see I was appointed to be the state deputy director for AZ NORML. I am also sending it to several others in the community to be observers. This is a tremendous opportunity for our state. I want to do my best to do it right.

I know some are concerned I am only interested in promoting my personal agenda on marijuana reform. I am writing you here, in my first official NORML correspondence, to assure you that is not the case. I am committed to improving the lives of Arizona's marijuana community in general. I am further committed to doing my best to use NORML to promote the reform movement in general and support all campaigns to the extent they want to work w me, NORML and respect each other.

Having been intimately involved in multiple campaigns, I believe I am aware of the dynamics of trying to get a message out. It is my hope that each campaign will allow me, in my capacity as NORML leadership, to promote your campaign throughout the state, carry your petitions, etc. As a notary public, I am prepared to assist ALL campaigns in processing your petitions. As a statewide representative of themost visible marijuana brand in the nation, I intend for NORML to actively spread the message of reform across the state and am already scheduling expeditions to revive or establish NORML activist groups across the state; and I heartily invite representatives from all campaigns to join me on these trips.

BUT-- (you knew it was coming) I am establishing some ground rules for conduct, both how I will conduct myself and what I expect from others I support.

1. I will honestly work for marijuana reform throughout the state and not to advance a specific group over another unless or until NORML national changes their message of neutrality. (As I told Billy Hayes when the announcement was made, the AZFMR crowd should rejoice because this muzzles me in many ways, lol)

2. I will not slander the character of the leaders or initiative provisions in public or in private. I won't exaggerate the claims or flaws in any campaign. I will talk honestlyabout strengths and weaknesses. To be clear: I will NOT support slanderous characterizations of any campaigns (MPP will not create a corporate monopoly & AZFMR is not strictly for drug dealers; MPP is not in bed with the private prison folk & AZFMR is not out to destroy legalization in 2016; a seed is not a plant & AZFMR will not put a pot shop on every corner, to dismiss a few of the more commonly lies being spread). We do ourselves and marijuana in general a disservice when we behave like that. Such hyperbole clouds the issue and drives the general public away.

3. I will share what resources I can generate for the overall project of reform with all legitimate groups according to my resources and their need and their conduct.

4. PLEASE contact or reply to me directly and soon with any questions, any time. (That offer is not hyperbolic, btw. I intend to continue my office hours, 8a-12a, and take calls and texts during overtime hours--that REALLY does mean 24/7, if I can't take your call, I will take your message.) Call, text, email, direct FB message. I try to not get involved in chat-stream flame-wars, so contact me directly with concerns.Marijuana is suposed to make us happy, so we should stop fighting in public. Let's not hang each other up as straw men on chat walls for the public to pillory. The public only has so much energy and attention, why waste it pointing them as weapons at each other when we have a far greater enemy to face?

5. While, as a history teacher, I would not encourage a person to forget the past; I am ready, and encourage us all, to forgive.

Those of you who have worked with me know that I will want to act now, act quickly, and act often. Now that the AZFMR campaign is ready to collect signatures, it is time to start getting their petitions distributed along w the MPP's so the public can have a choice. I also would like to have a sit-down bringing the leaders of the various campaigns together for an organizational meeting to see how the campaigns can work together, instead of tearing each other apart.

Let's do that this week.

I am reaching out with good will, good faith and forgiveness considering the various riffs. Please join me and we WILL reform marijuana laws in 2016.

Friday, February 20, 2015

1.It’s NOT
final. In the rush to have the fastest kneejerk in the west various
marijuana activists have been trying to exploit insider connections to provide
the activist community w the supposed latest “final” version of MPP’ ballot
measure draft before it gets filed. This “final draft” was leaked late Sunday afternoon,
online before evening was out and officially refuted as “final” before coffee-break
Monday morning. It does reflect substantial revisions from the draft of
1/26/15, most of which are good news for Safer AZ’s mission. Industry leaders
however still have much to settle in establishing the regulatory structure.

2.It’s Still
Homegrown. Despite concerns over polling, MPP has consistently stuck to
their commitment to personal grow rights. The numbers look like this: 6 plants
per person, 12 per household. You get to keep all the marijuana produced on the
premises as well, so this means in all practicality, marijuana possession
levels will be only related to public possession, since all the marijuana on
one’s property could have been produced in earlier grows. With the possibility
of limited cultivation licenses in the fee schedule, anyone whose thumb isn’t
green enough w 12 plants should be able to buy their way into the industry. But
don’t kid yourself, compliance regulations for marijuana establishments are
designed to weed out the illegal and inept. Bartering between friends will be
legal however, so the desires of most backyard gardeners will be protect.
Beyond that, hey, get a license.

3.It’s No Gamble. After being roundly
rejected by most quarters of AZ’s marijuana community (activists and
industry-types alike) the proposal that adult use marijuana licensing should be
run through the Dept. of Gaming is scrapped. Licensing will continue in DHS
(Dept. of Health & Human Services) till July 1 of 2018, when all marijuana
licensing, medicinal and adult use, will be regulated by the newly created,
Dept. of Marijuana.

4.It’s
Bullet-Proof. One of the biggest challenges to creating citizens’ initiatives
in AZ is creating a set of rules that have to fiddle-proof to prevent
legislators of various intentions from being able to make substantial changes to
the program, yet supple enough to adjust to actual unforeseen complexities of
governing such an industry. Looking to the as-of-yet unassailable Clean Elections
Commission structure with a non-partisan political appointment process and
internal reviews procedures. The structure should be ironclad when comes to
outside forces and empowered to create the complex regulatory structure that
will protect consumers and not hamstring the industry as it builds itself.

5.Is Hemp
Legal? Though this ballot measure is designed to govern marijuana, an
interesting development between the 1/26/15 and the 2/15/15 draft is the
addition of the words “should be legal” into the paragraph in the finds section
on Hemp. The earlier version of the sentence said “hemp should be regulated
separately from” the more THC-laden strains of cannabis (i.e. marijuana). That
passage now reads “the people of the State of Arizona further find and declare
that hemp should be legal and should be regulated separately from” the THC strains
of cannabis (36-2820.4) Later in the document (2822.6) it permits the state
legislature to regulate and tax hemp. In the personal use and cultivation
section a person’s right to “possess, produce, process, manufacturer, purchase,
obtain, sell or otherwise transfer, or transport industrial hemp” is explicitly
affirmed (2831.3). A lot obviously hangs on the difference between the meanings
of the words “shall” & “should,” as “hemp shall be legal” v “hemp should be
legal,” so for now we are asking for clarification.

6.What is a
Plant? Home cultivators around the state appreciate the distinctions between
a seedling, a clone, a vegetative state plant or one in full flower. Only the
later has appreciable THC levels. Currently the definitions section defines “Industrial
Hemp” (2821.4) & marijuana sort of (2821.7) by identifying what it is not,
for example hemp. But if hemp is defined as a low-level THC cannabis plant,
what about THC-heavy strains prior to their flowering state when they are still
low-level THC bearing?

7.Forgot
About Dre? One of the original concerns of Safer AZ, and the activist
community as a whole, has been addressing: the damage already done to the tens
of thousands of Arizonans who have been collateral damage in the War on Drugs,
is still MIA. Post conviction relief, record expungement and current prisoner
resentencing options are not in the language and, so far, unlikely to be added.
Legislative fixes similar to Mark Cardenas’ 2014 bill HB2474 might be the only
way to get justice for those whose lives are forever scarred by prohibition.
Some of us can’t forget the past or that this language forgets to fix it.

8.THC &
CPS? One of the most egregious acts of AZ’s scandal ridden Child Protective
Services agency has been their targeting of parents w mmj cards. Already a
national epidemic, CPS agencies around the country contend that parents w
marijuana charges or even mmj cards are drug dependent and neglecting their
kids, no matter the reality of the circumstances. While anecdotal evidence is
strong, CPS denies such evidence, but the new law should end any questions of cannabis
and kids: “No person may be denied custody of or visitation or parenting time
with a minor, and there is no presumption of neglect or child endangerment for
conduct allowed under this chapter, unless the person’s behavior creates an
unreasonable danger to the safety of the minor as established by clear and
convincing evidence.” (2831.4)

9.The No-Zone
Layer. Beyond the state laws regarding the various aspects of marijuana
regulation, the ballot measure clearly establishes the ability of local
jurisdictions to have “local control” in regulating marijuana in their cities.
While earlier drafts included provisions allowing cities to control the transportation of marijuana in their
zoning jurisdictions have been struck, cities can still regulate “the smoking,
production, processing, and manufacturing of marijuana when it is injurious to
the environment or otherwise is a nuisance to a considerable number of persons”
(2827.2a).

10.Schooled
on “School” a final clarification from earlier drafts is that the word “school”
is clarified to mean K-12 and younger educational facilities. Colleges,
technical institutes and adult learning facilities would still be able to
regulate cannabis on their properties, but not w the weight of felony arrest
behind them.

Friday, February 13, 2015

Safer AZ has continued to represent the AZ cannabis
community at large in our negotiations with MPP on the language of their new
ballot measure. The following is a result of our negotiations w MPP and with
our lawyer Tom Dean’s work on the drafting committee. This updates the Feb. 8th
report available here.

Many know that a huge factor in shaping the language on the
issue of citizens’ rights to produce their own cannabis at home was the
question of how well the issue polled among the general public. While few
marijuana users opposed personal grow, MPP and those investing in their ballot
measure will act based on the interests of the larger Arizona voting community.
With a campaign of more than $2 million at stake, it is small wonder polling
was closely watched on the question.

A separate poll was done in late December, early January, that
included questions on legalization, which indicated that personal grow rights
would have a significant negative impact on the likelihood of passage. The initial assertion by some was that the
polling said home grow had to be cut from the language before the final draft
was filed.

Update—Rob Kampia
the leader of MPP has rejected the early poll results and MPP is paying for a
poll that is being conducted during the middle two weeks of February. Inside
track says that despite concerns in the AZ mmj industry, MPP is committed to
keeping personal grow in the language at all costs. The results of the poll
will be available by the end of February and the finalized language will be
filed in early March at the outside.

Issues of Concern in
Current Language

Following an aggressive round of public presentations, Safer
AZ identified widespread support for several provisions:

What’s Good

By and large this draft satisfies many of the concerns Safer
AZ had about grow rights and small business access. DUI provisions are good;
citizen grow rights include possessing ALL the marijuana produced on personal
premises; protections for marijuana accessory use and promotion.

But also a series of specific concerns:

What’s Bad

The shift of licensing for adult
use marijuana from DHS to Department of Gaming, means a delay in new license
implementation until June of 2019 and that existing marijuana establishments
will have to apply for entirely separate licensing to expand into the adult
market. This will prohibit new investment into both the ballot measure’s
campaign and the industry. Unspecified penalties for larger possession and
“intent to distribute” offenses means those charges revert to existing state
statutes and remain severe felonies.

And called for revisions:

A)keeping licensing for all marijuana
establishments in the existing DHS structure

Update:
responding to widespread concerns, the draft currently will retain licensing in
DHS until a separate Department of Marijuana can be created.

B)excluding adult learning facilities from
prohibited locations

Update:
no change in language at this time, though an AMMA case current pending before the
state supreme court could rule that adult learning facilities such as colleges
and trade schools could be exempted under the AMMA and similar protections
could be argued here.

C)explicitly including the limited license fee
schedule in the fee section

Update:
the limited cultivation license fee listing is currently scheduled to be
included.

Update:
Under consideration, but a chief MPP concern has to do w accusations of interstate
commerce and with out of state pot dealers tourist shopping their way across
the state. There is a possibility of gaining ground on this issue.

E)requiring housing discrimination against
cannabis be explicitly written into housing leases:

Update:
Under consideration

F)listing penalties for larger possession (greater
than one ounce) and “intent to distribute,” and having those penalties be
misdemeanors. Doing business without a license should result in civil
penalties, not criminal ones.

Update:
Misdemeanor penalties for possession up 2lbs in public is under consideration.
Personal cultivation possession rights imply unlimited possession of marijuana
has been cultivated on premises. There will be no extension of protections for
unlicensed sale and trafficking of marijuana. Sharing between friends shall be
protected.

G)Protections from potential unreasonable local
restrictions on private consumption and transportation of marijuana

3.Language protecting home cultivators from the
implied distinction between “concrete possession” and “actual possession.” An
example of why this is a problem: If two people have 6 plants each and live in
the same house, if the plants are co-mingled could either person be charged w
possessing all 12 plants? What if a person had 12 plants at their household and
was assisting someone at a separate location with their plants. Is that person
now in possession of both sets of plants? This issue can be settled with some
simple clarifying language.

4.Parenting and discrimination protections similar
to, though stronger than, those in the AMMA. Currently CPS can assert an
automatic “neglect finding” if a parent is found with marijuana or even
declares they have a medical card. We are calling for explicit protections that
state “custody shall not be disturbed” for the legal possession and usage of
marijuana by parents.

Update:
Being revised. This specific passage has been cited for strong protections in
the upcoming draft.

Sunday, February 8, 2015

Safer AZ has consistently worked as a cooler head in the
ongoing negotiations between the various factions involved in AZ’s marijuana
movement. From dispensary lawyers to disabled vets, Safer AZ has listened to
all sides and tried to bridge gaps when possible. Our commitment to communications
is helping break the paranoia cycle that so often cripples negotiations.

Safer Arizona went to Kingman and challenged Matforce in
Mohave; and on the same day had our season kick-off event in Tempe

Safer organized a major demonstration at AZ state capitol which
got nationwide attention and scooped statehouse opening day coverage in 10
separate articles.

Safer AZ created 4 large scale pro-marijuana prop signs,
including a legalization sign signed by 100s in the first month alone. In
addition we have amassed the materials for 100s more signs. All we need is the
labor.

Our “Safer Bowl Sunday” literally touched tens of thousands
of football fans when we set up at the Glendale Ave entrance to Cardinal
Stadium. Hundreds posed w our signage including Glendale PD and countless
Seattle Seahawks fans thrilled to see our pro-marijuana display.

Safer AZ developed a calendar of legislative activities w 4
full-scale meetings w state legislators and introductory meetings with another
15 more. All in all Safer Arizona has now met w 27 legislators so far this
session and is actively scheduling meetings for any citizen wanting to meet w
their own representatives or senator.

Operating as registered lobbyists, Safer Arizona represented
the interests of small mmj entrepreneurs at the state capitol, w
representatives of various Indian nations, at Tempe City Council, at the
statewide convention of the Democratic Party, and in the press in multiple
articles.

Safer made presentations to 9 different groups on MPP’s new
ballot measure, including presentations to groups of 20+ in Prescott Valley,
Glendale, PHX, & Tempe and filmed a summary for You Tube.

Safer AZ does weekly tabling at the Saturday 710 Lounge
farmers’ market and the Sunday farmers’ market at Lax Life also. Twice a week
Safer is in the heart of the PHX cannabis community, sharing information and
making presentations.

Safer AZ took actions to protect the homeless population in
Tucson and intervened in a human trafficking incident.

Safer AZ coordinates w Hemp Our World and their new
executive director, Michael Jacobs, to get their new hemp ballot measure
campaign up and operational.

Safer AZ begins negotiations to promote and distribute two
cannabis documentaries: Culture High (214), What If Cannabis Cured Cancer
(2010). Currently plans are in the works for a showing of Culture High in PHX
at Film Bar, in Tucson, & Tempe. We
have been provided w copies of What If … by the director’s estate for our
fundraising and educational projects. Briefly we were involved in
pre-production on a documentary on the AZ movement, but that fell through.

Separately Safer AZ produced a series of instructional You
Tube videos on various topics over the past month, including breakdowns on
bills at the statehouse and MPP’s current draft of their legalization
initiative.

Safer AZbegan developing a national network of cannabis
political activist groups, including leaders in Kentucky, Georgia, Idaho &
Oklahoma, to create a national grassroots coalition to provide nationwide help
for state level legalization activities.

Safer AZ sold another 100 tee-shirts and is placing an order
for 150 more.

Having attempted to run our own ballot measure during the
2014 election cycle and being intimately aware of the problematic 2010 MPP AMMA
Prop 203 campaign, we at Safer Arizona took a very keen interest in MPP’s
progress. Our community instructed us to hold to 3 criteria: home-grow rights, basic
civil rights protections & small business opportunity. Safer Arizona is lucky to have our lawyer, the
nationally renowned Tom Dean, represent us on the drafting committee. Dean was
able to prepare extensive notes for the committee on aligning their proposed
language with existing state statute. The draft we are reviewing here is the 3rd
or 4th draft depending on how one judges such things in a constantly
evolving document. The document is currently referred to as Title 36, Chapter
28.2.

Disclaimer: The
summary below is in no way all inclusive and represents the opinion of Safer AZ
staff.

Summary:

Findings (2820) The
initiative will amend existing state laws regarding marijuana found in sections
ARS13-3401 & 3405. The Findings section (essentially a section explaining the
philosophy and intentions of the law) asserts that marijuana should be
regulated like alcohol and “individuals will possess the right to produce a
limited amount of marijuana for use personal use.” This support of personal
grow rights is woven throughout the text of this draft. It goes on to explain
the legislation’s strategy includes regulated “marijuana establishments” that
can cultivate, process, distribute, test and sell marijuana.

Definitions (2821)
The Definitions section has some extremely important points to note: 1) The new
adult use regulatory program will be under the Department of Gaming (2821.3).
This is a significant shift from the existing medical dispensary licensing
program with the Department of Health and Human Services (DHS)—more on that
below in the “What’s Bad” section following the summary.

2) Marijuana is defined by what it is not, rather than what
it is 2821.7). The most important of these distinctions is that Marijuana is
not industrial hemp. Industrial Hemp (2821.4) is defined as plants from “the
genus cannabis and any part of such plant” with a THC level of less than .03%.
This is significant because most all cannabis plants from the mildest indica to
the most potent sativa have a THC level of less than .03% until they reach the
flowering stage. This means that only mature THC bearing plants will matter on
plant count. Marijuana is also NOT the weight of other ingredients in various
edibles and preparations or “marijuana accessories.” Marijuana accessories
include “any equipment, products, or materials of any kind” for marijuana cultivation,
processing or consumption. This means an end to arrests for paraphernalia. Lastly
the definitions also explain the term, “Unreasonably impracticable,” meaning that
marijuana establishments will not be subjected to regulations that are so
extreme as to make impossible for a reasonable businessman to conduct
reasonable business.

Limitations (2822)

Of course there will still be limitations as to what a
person can do with marijuana: No operating a motor vehicle or consuming inside
the passenger compartment of one, unless it is in the living quarters of an RV
or something similar. No distributing marijuana to anyone under 21, no
marijuana in correctional facilities or schools (though we are calling for
excluding adult learning facilities, such as colleges and cosmetology schools).
No use of marijuana when it constitutes “negligence or professional malpractice.”
Employers and landlords will still be allowed to discriminate against marijuana
users in employment and housing. Of note: this section includes the disclaimer
that this law will not affect the provisions or protections of the AMMA. The
most important passage here is the reminder that a person will need a license
to do marijuana business. This is a reminder that there are opportunities for
entrepreneurs to enter the industry.

Rulemaking (2823)

Marijuana establishments will still be required to have
security and surveillance equipment on site and be able to track their
inventory. There will be a requirement for marijuana testing and labeling:
solvents, pollutants, THC, CBD and dosage per package. The state will create a “statewide
license class system” for licensing both unlimited and limited permits for
cultivation, processing, distributing, selling or testing marijuana. This
section explicitly states that the lower level license shall not exceed 1/3 of
the cost of the unlimited licenses. Consumers will not be required to present personal
information other than proof of age to purchase marijuana and no records are to
be kept or reported of a person’s purchases.

Local Control (2824)

Local governments (county and city governments) will still
have power to regulate marijuana in their jurisdictions, but cannot create
rules that are “unreasonably impracticable.” Currently this section also
includes the line that localities may enact rules restricting “consumption,
production, processing, manufacturing, and transportation of marijuana.” We are
calling for a change in this language to remove the word “transportation” and
add the word “public” to consumption. If different jurisdictions could restrict
transportation of marijuana then how could the average consumer keep track of
the maze of conflicting jurisdictions on the highways?

Licensing (2826)

Marijuana establishments are still prohibited within 300 of
churches and schools. Licenses will be awarded on merit, not random selection;
one establishment cannot hold multiple licenses in an area if it prohibits
competition. Ex-felons can apply for licenses after five years.

Licensing Fee
Schedule (2826.1)

The fee for being an unlimited cultivator is $30,000
(limited license is $10,000), renewal is $10,000. There are also new and
renewal license fees for processing, retail sales, distribution, and testing.
Of note, it goes on to say that if the state does not create sufficient
regulations and implementation in a timely manner, then applicants can apply
directly to their localities for licensing.

Operating
Requirements (2827)

The biggest change here is a lowering of the requirements
for outdoor cultivation security. Fencing will now need to be 8 feet tall and
marijuana operations must not be visible without “binoculars, aircraft or other
optical aids.” As expected, all marijuana establishments will be subject to inspection.

Personal Use and
Cultivation (2828)

No more civil forfeitures, consumers may purchase up to one
ounce of marijuana at a time or 5 grams of concentrate (we are calling for
higher limits) and transfer marijuana between friends. A person can grow 6
plants and a household a total of 12. Keeping in mind what is defined as a
marijuana plant, this should cover most patient needs. A key protection in this
section is the line that “a person shall not be penalized solely because of the
presence of metabolites” in their system. Another protection is the reminder
that a person shall not be punished in any way for hemp.

Marijuana Accessories
(2829)

The possession manufacture, sale and promotion of marijuana
accessories shall not be prohibited.

Lawful Operations
(2830)

This is a reminder that cultivating, processing, selling,
distributing and/or testing marijuana shall be legal if a person or business
has the proper licensing and employees shall not be subject to criminal
charges.

Identifying Underage
Persons (2831)

The Marijuana legalization movement must protect itself
against the continuing allegations that our efforts imperil youth. This section
is a reassurance that the new law will work to prevent underage people from
getting access to marijuana. It does specify however that youthful offenders
will get community service, not jail time, if they are caught smoking.

Penalties (2833)

As one could imagine, this section is the most controversial
passage in the draft. On the plus side, it does set almost all penalties at
misdemeanor or less (the exception is for chemical extraction of concentrates
without a license). On the negative side it does not spell out the penalties
for possession over one ounce or “intent to distribute.” Since these penalties
are not specified here, statute would revert to existing marijuana rules (ARS13-3405)
and these offenses (and any others not specified in the new language) would be
considered felonies. We urgently call for correction in this section.

Marijuana Fund (2834)

This section is still underwritten and does not clearly
specify where the moneys generated from marijuana will be spent. Safer AZ is
recommending the Department of Health (since we want this to stay in DHS),
Dept. of Ed, and law enforcement subsidies, since law enforcement will face a
tremendous decrease in their budgets with impending cuts in their marijuana enforcement
budgets.

This ballot measure also amends state statute regarding the
illicit drug schedule (ARS13-3401) and establishes a 15% tax on marijuana sales

3.Language protecting home cultivators from the
implied distinction between “concrete possession” and “actual possession.” An
example of why this is a problem: If two people have 6 plants each and live in
the same house, if the plants are co-mingled could either person be charged w
possessing all 12 plants? What if a person had 12 plants at their household and
was assisting someone at a separate location with their plants. Is that person
now in possession of both sets of plants? This issue can be settled with some
simple clarifying language.

4.Parenting and discrimination protections similar
to, though stronger than, those in the AMMA. Currently CPS can assert an
automatic “neglect finding” if a parent is found with marijuana or even
declares they have a medical card. We are calling for explicit protections
included that state “custody shall not be disturbed” for the legal possession
and usage of marijuana by parents.

What’s Good

By and large this draft satisfies
many of the concerns Safer AZ had about
grow rights and small business access. DUI provisions are good; citizen grow
rights include possessing ALL the marijuana produced on personal premises;
protections for marijuana accessory use and promotion is a real breakthrough;
as is the protection from false weights on marijuana preparations and edibles.

What’s Bad

The shift of licensing for adult
use marijuana from DHS to Department of Gaming, means a delay in new license implementation
until June of 2019 and that existing marijuana establishments will have to
apply for entirely separate licensing to expand into the adult market. This
will prohibit new investment into both the ballot measure’s campaign and the
industry. Unspecified penalties for larger possession and “intent to distribute”
offenses means those charges revert to existing state statutes and remain
severe felonies.

Recommendation:

SEND BACK FOR REVISIONS

A)keeping licensing for all marijuana
establishments in the existing DHS structure

B)excluding adult learning facilities from
prohibited locations

C)explicitly including the limited license fee
schedule in the fee section

E)requiring housing discrimination against
cannabis be explicitly written into housing leases

F)listing penalties for larger possession (greater
than one ounce) and “intent to distribute,” and having those penalties be
misdemeanors. Doing business without a license should result in civil
penalties, not criminal ones

G)Protections from potential unreasonable local
restrictions on private consumption and transportation of marijuana

H)Remove the delay date of June 2019, allow for
immediate implementation by existing dispensaries while they create their adult
use establishments and let new investors have access to the market

I)Completing the spending formula for the accrued
tax revenue to include: education, public health and law enforcement

We recommend the AZ cannabis
community accept this draft as a reasonable opening offer on the part of MPP to
show it values our concerns. MPP and members of the dispensary industry are
already contributed tens of thousands of dollars to the legalization movement.
Safer AZ urges the activist community to also consolidate our funds, along with
our recommendations to leverage MPP to incorporate our values and concerns into
their final language. To this end, Safer AZ reminds readers that we are a 527
political action committee able to take unlimited donations for or against a
ballot measure and not required to disclose our donors. Investors could invest
in Safer AZ to create a pool of money to support MPP’s work, without having to
directly contribute to MPP; but we are encouraging open good-faith negotiations
for the time being; and will keep you posted as developments change.

Tuesday, December 16, 2014

Safer AZ, the cannabis reform Political Action Committee
behind last year’s marijuana legalization initiative, has refiled their
organizational paperwork with the Arizona Secretary of State’s office to join the campaigns to legalize
cannabis and hemp in 2016. In their
original incarnation, past-president Robert Clark will continue as co-chair with
founder, Dave Wisniewski, for the new cycle. Mikel Weisser will serve as
treasurer and continue as political director. In their recently released 2016
cycle business plan, Safer AZ announced intentions to develop a full-scale
operation for 2016, complete with a paid staff and a fundraising arm of the
organization. As their 2014 initiative’s author, PHX-based computer programmer,
Dennis Bohlke explains, “AZ doesn’t have a drug problem, we have a political
problem and this is how you solve it. We have got to stop the madness of
destroying people’s lives for a plant. Everyone here is an activist. There’s no
way we’re stopping now.”

Billing themselves a “full-service” cannabis political
action committee, Safer AZ 2016 (new name for the new cycle) expects to be
continuing with their same programs, but on a greatly expanded scale. Since filing
their new paperwork on Dec. 5th, the group has already held interviews
with four state legislators to discuss their legislative agenda for the
upcoming 2015 session, re-launched their product line of their iconic green “MARIJUANA
IS SAFER THAN ALCOHOL” tee-shirts and begun the networking and fundraising to
build for the legalization 2016 push.

The controversial organization has been at the forefront of
Arizona pot politics since Safer AZ made national news in June of 2013 by writing
a cannabis legalization ballot measure for the 2014 election cycle, two years
ahead of the nationally recognized Marijuana Policy Project’s proposed 2016
campaign. Often stuck negotiating between warring camps (pro-cannabis industry
v pro-consumer, anarchist activists v political operatives, MPP supporters v
AZ-only activists, just to name a few) Safer AZ’s greatest achievement may be
that after two years, groups that never would have spoken to each other have
formed a coalition to set an overall strategy.

Originally founded by David Wisniewski, a tech savvy active
duty soldier then-stationed in South Korea, and three other far-flung Arizonans
(Tucson’s Clark, PHX based Bohkle and Weisser in Kingman), Safer AZ operated as
a totally volunteer organization. Strong on ideas, though weak on resources, the
upstart political action committee’s four principles soon began an ambitious agenda
with supporters around the state signing up to join the movement.

Wisniewski built an online community through the PAC website
and Facebook page that soon grew to have thousands or followers nationwide. Bohlke and Clark organized dozens of activists
and taught them to collect signatures. Weisser joined PHX-based cannabis activists,
holding demonstrations, creating 420 focused musical fun-raisers, giving
rallying speeches and “movement status reports” for all the trendy 420 groups,
in addition to conducting a series of legislative interviews and demonstrations
at the state capitol. Safer AZ leadership also served as the go-to voice of AZ
cannabis reform, appearing in numerous clips on PHX and Tucson local news
channels and talk radio stations, as a recurring subject for the PHX New Times,
and even in articles by the New York Times and Huffington Post.

One Safer AZ idea, “The Harm Reduction Measure,” was picked
up by Democratic West Valley legislator, Mark Cardenas (LD-19) and introduced
as HB2474. If passed, the bill would have amended state statutes on marijuana
arrests. Currently ARS 13-3405 requires that all marijuana related arrests
begin as felony arrests. Cardenas promises to revisit the idea in the upcoming
legislative session. “I’m getting my bills together and we already have
legislative counsel on it. It was a good idea, it’s still a good idea,” Cardenas
says.

Early attention and accolades did not sustain the volunteer
based group’s base of activists, however; and even the central four only had so
much time in a day. As Weisser explains, “We all worked on the parts we liked
and no one worked enough on central organization. We all had full-time commitments
already. Dave was in the Army. I mean gee, give the guy a break. Dennis runs a
computer company, I was running for Congress. Robert has health issues. Nobody
had the time to work on it full-time. We rarely worked on fundraising and you
can only do so much w zero budget.” The group eventually pulled their
initiative in June of 2014 vowing to continue building on their gains and
re-launch at the turn of the election cycle. True to their word, Clark, Weisser
and Wisniewski were at the counter with the AZ Secretary of State’s elections
office with new paperwork on the first day of the new cycle.

“While we are not actually
filing the petitions for the ballot initiatives, these are issues we have been
promoting,” explained PAC co-chair, Robert Clark. “We are working with the
committees running these initiatives to help them with the organizing and
getting out the message. AND, to make sure we’re getting language that we like.
But there is a lot more to making marijuana legal than just writing a bill and
that’s where we come in.”

Saturday, December 13, 2014

I don’t know about you dear readers, but in many ways now
five weeks since election day, I am still trying to figure out what to make of
my recent campaign. As a choice that controlled my life for the past two years,
I knew I should take an opportunity to reflect now that it is over; and as I
opened my mail today, that chance came my way, when I found a letter that
started like this:

Dear 2014 candidate for public office:My
name is James K. Hertog. I'm an Associate Professor ofMedia Studies at the
University of Kentucky. My
students and I are researching a set of critical issues for American
political campaigns. We have developed a survey asking candidates like
yourself about your personal and professional experiences campaigning for
public office and your evaluation of the campaign process.

While the majority of the survey was multiple choice and
other forms of putting check marks in boxes, there were a few essay answer
opportunities and after I realized I was waxing eloquent and investing well
over a 1000 words talking about the campaign, I decided I could turn this into a
chance to check back in w you, campaign followers, and tell you how it looks
from this end. Please do not hesitate to let me know if you saw the campaign
from a different angle.

…

What made this social
media platform the most effective for your campaign?

As a poor campaign we depended heavily on grassroots word of
mouth and the tribal drums these days are the heartbeat of Facebook, or
something like that. Using Twitter to drive my Facebook, I could build a
message on the campaign blog that passed through several platforms: survey
reply-->blog post-->website update-->twitter post-->Facebook
personal page-->Facebook campaign page & shares-->campaign email.
Since I had no staff, multi-purposing every task was critical. Further since we
could share easily info w like-minded activists and organizations (NORML, PDA &
DFA, for example), social media served as a primary communications line in the
campaign as well, more often than email.

…

Please use the
following text field if you would like to expand on your answers to the
previous questions about campaign communications, to illustrate them with
experiences from your campaign, or to identify additional communication methods
you employed.

Social media is the chance for poor campaigns to achieve
larger results. The plutocrats who run this country are doing all they can to
maintain their powers but our social media can equal their mass media if the
current trends continue. I work to make this so, before they consume us all. Of
note, one of my platform issues, cannabis reform, has become my personal
central issue and I am now the executive director of Safer Arizona, the state's
leading cannabis PAC.

…

If you would like to
expand upon your answers, to provide examples from your campaign experience, or
to identify additional critiques of news coverage you think should be included
in this study please use the text box below.

I was the liberal thrown to the right wing talk radio
listeners for a couple of radio stations in the state. In particular, a gun
oriented talk show had me on twice, for four full hours, debating gun policy.
Another couple of general right wing shows had me on. I was also on internet
radio to a lesser degree and can't clearly identify any impact it might've had
beyond a momentary blip.

My twitter following grew by a couple 100 and my FB
following by over a 1000 during this cycle. Since I am a leader in the state's
leading cannabis PAC and the Democratic party and other activist groups I got
to cross-pollinate and get the members of the different communities working
together on Facebook and then in-person. I am still using the same principles
and hoping to expand ever further.

All in all, what
level of knowledge would you say voters had about your candidacy?

Please use this space
if you would like to add any comments regarding what influenced voter knowledge
concerning your candidacy.

$$$--media told me early on if I had money they would follow
my efforts and then ignored my every effort to earn their attention.

…

For you, personally,
would you say that the experience of running for public office was:

Very Positive

What did you find
most personally rewarding about running for office?

The personal relationships and connections created such deep
and interesting experiences. My congressional district is larger than most
states and required much time on the road, being an extremely poor campaign we
depended on the kindness of supporters and stayed in dozens of places from
mansion guest suites to trailer couches and slept on the floor more than once.
The people I met and who supported me were as varied as their houses and we had
extraordinary adventures. I also developed a statewide circle of pet supporters
as well and being greeted w a wagging tail when you are road weary and far from
home is very comforting.

What did you find
most difficult or upsetting about running for office?

The tug of war between time spent was the greatest conflict
I faced. In the field or time spent fundraising? Home town or on the road?
Cannabis reform or appeal to moderate dems? All decisions made opponents for me
and over the course of the election often both sides of a coin caused me
conflicts. As an entertainer prior to going into politics, we often joked that
my performances were too sacred for the profane and too profane for the sacred
and it often felt that way. I was very focused on a populist workingman
uprising message for example, I wore construction worker clothes in the same
way western styled politicians in AZ will adopt cowboy garb. I was a plumber
until 35 so I felt it was credible for me to represent the working poor; but I
received continuous backlash from traditionalists who felt a candidate should
appear elevated. One of my lines about my clothes was "I didn't come here
to play dress up" and another was "We have got to stop looking for
new leaders who replicate the imagery of our oppressors." While it helped
me w the general public and was actually a strategy crafted by me and state
party leadership, local leaders who saw themselves as party insiders fought me
on this relentlessly. I guess that was the ultimate difficulty: the gap between
the support I could get at different levels, but not all levels of the party.

What would you say
were your campaign's most significant accomplishments? Please do not limit your
answer to electoral success.

The biggest accomplishment was the road schedule. We
traveled over a 1000 miles a week most of the past two years, well over 100,000
miles in the cycle. It took 9 different vehicles to accomplish this including 7
straight weeks of various rental cars. This required developing a network of
supporters and donors beyond the hobby campaign of the typical outmatched
place-marker underdog. Any month's thank you list would include over 100 people
I had had personal and important moments with, the scope of the experience is
still staggering. In the process we developed the respect of a couple of
national groups, DFA, PDA & Blue America, and PDA's national endorsement.
Statewide we gained the support and gratitude of state party leadership and
grew to be welcomed among party leaders and my fellow candidates as well. As
one writer (with only 3 guest columns out of 101 blog posts) and illustrator, I
maintained a website and blog for two years straight with all original content
and artwork. As for constituent services or "case work," I took great
joy in helping about a 12 people who came to me for help the way they would've
gone to the congressman's office. I learned several referral networks and
frequently felt fulfilled the way I had when I had run the help desk at a
homeless while in grad school. Lastly I want to note that the greatest
accomplishment of the campaign was the fact we could accomplish so much on so
little funding. My wife ran our accounting and our family went from a $70,000 a
year budget to food stamps and yet we still created a full scale congressional
campaign out of thin air and about $36,000. I spent hardly 3 hours a week on
average raising money and yet we were everywhere. That is why the road schedule
was so impressive.

…

If you wish to
provide additional recommendations or comments concerning how to improve
electoral campaigns please type them here.

As a congressional candidate I signed a pledge to support a
Constitutional amendment to end corporate sponsorship and another to call for
federally funding of elections.

Sunday, December 7, 2014

Safer AZ Status Report: Dec. 7, 2014

Safer AZ is proud to announce we have re-filed our campaign
committee paperwork for the 2016 election cycle and will be working with Arizona’s
aligned cannabis activist groups on a statewide campaign to legalize marijuana
in AZ in 2016. As a political action committee (PAC ID No.
201400153) Safer AZ led the state’s cannabis reform community with our own 2014
legalization campaign and successfully shaped cannabis-related legislation at
the state house in last year’s session. In addition we created, or helped
create, dozens of events around the state, developed an online community of
nearly 5000 activists and frequently served as a voice that the media turned to
for a breath of marijuana sanity to counter the toxic propaganda of folks like
Bill Montgomery or Sheila Polk.

But, as a PAC, during the 2014 election cycle,
Safer AZ was greatly limited in resources: essentially the part-time work of 4
independent organizers hundreds, even thousands of miles apart, Safer could not
develop the resources necessary to complete our election goals and had to
suspend our petition drive in June of 2014. We knew we had to re-organize.
After the election, Safer AZ leadership had a choice: allow all our progress to
come to an end once we filed our final Federal Elections Commission report on
December 4th, OR, re-file our campaign and fight on. With the voices
of the community calling for action and the support of the premiere national
cannabis-reform organization, MPP (the Marijuana Policy Project), and the six other
leading AZ cannabis activist groups in the state, Safer AZ is back and we’re bigger
than ever.

Once again Safer AZ is committed to:

1.Public
Advocacy: Safer AZ is a voice for the public with a web, media and public
presence, creating demonstrations and events around the state; helping patients
and others in the community get their stories heard.

2.Social
Media Communications: With a Facebook following of nearly 5000 and an
average weekly readership over 3500, Safer Arizona can create and has led email
and phone call campaigns. Our Facebook page serves as a nexus for various
activists and groups to spread word of their own activities.

3.Legislative
Action: Safer AZ successfully introduced a cannabis decriminalization bill at
the AZ state house last session and we are focused on developing the
relationships w state legislative leaders on both sides of the aisle, and that
includes keeping the larger community informed of statehouse developments.

4.Electoral
Watchdog: Through our web pages, Safer AZ has tracked both elected
officials and candidates’ positions on cannabis related issues, creating
district level maps so voters can support pro-cannabis issues at the ballot box
and provided contact info for candidates and officials so you can make your
voice heard.

5.Counter-Propaganda
Force: In AZ, the anti-cannabis
community and the leaders of the state prosecutors and law enforcement have
banded together to power an anti-cannabis media campaign through their
organization, Matforce. Safer AZ is committed to challenging Matforce
propaganda both through our web presence and in person; by helping local
activists organize counter-protests and court support for cannabis defendants
in conjunction w the Human Solution. We provide speakers to various civic
organizations, public debates, and news media needing a quote from an
authoritative source to challenge Matforce whenever and wherever possible.

And most importantly,

6.Cannabis
Activist Volunteer Organization: Over the past 2 yrs, literally hundreds of
Arizonans have joined our cause and volunteered--in their community, online,
and at the state capitol. As the 2016 campaign becomes more visible, Safer AZ
can serve a volunteer nexus, connecting newcomers to existing local groups,
creating activist-business partnerships and training would-be activists to
become their own community leaders. We have activists across the state and can show
local groups how to take on their own community challenges and help change the
culture of prohibition. Creating quality experiences for AZ activists will
build our movement and change the state.

You can make a difference today:

1.Wear your “Marijuana is Safer Than Alcohol”
tee-shirt in public whenever, wherever possible. It is an amazingly effective
way to promote education and will lead to exciting positive teaching and
sharing experiences you would not imagine.

2.Host an awareness event in your home or in your community

3.Letter writing to your local media and elected
officials and to state and federal officials

4.Creating a 420-friendly entertainment event in
your community

5.Attending and staffing demonstrations and events
in the PHX area

6.Representing Safer AZ and the cannabis reform
community at public events and debates

7.Manning a Safer Arizona booth at community
events

8.Collecting signatures

9.Share on social media

10.Connect us to your family and friends so we can
expand our reach.

11.Attend a local political meeting or elected
officials meetings

12.Make $5 monthly donation

13.Take leadership position in organizing and
training others in your area after you’ve worked w us a while.

MOVEMENT UPDATE (Dec.
6, 2014):

Following the Nov. 4th election, AZ’s leading
cannabis activists groups announced the development of a new cannabis activist
super-group, the Cannabis Consumer Coalition, to ally the activities of th e
different groups cannabis consumers, as separate from the cannabis, hemp, and
medical marijuana industries. These groups and members of the dispensary
industry are working w the central campaign committee, MPP of AZ, which will
run the ballot initiative and coordinate efforts w MPP national. The overall
campaign is expected to cost $3.2 million over the next two years. An
informational meeting explaining the overall strategy was held in Tempe’s
Purple Haze House (27 West Baseline) which brought different activist groups
together in a semi-formal setting for the 1st time. Among the groups
on hand were Safer AZ, PHX NORML, PCC (PHX Cannabis Coalition, AZ 4NORML
(Tucson based), SSDP (Students for a Sensible Drug Policy, both the ASU &
the U of A chapters), RAMMP (Registry of Arizona Medical Marijuana Patients)
& the Human Solution. At that meeting, noted cannabis criminal defense
attorney (and former NORML national legal counsel) Tom Dean presented his
recommendations for amendments to existing state marijuana statutes
(ARS13-3405) that will be necessary in the upcoming ballot initiative.
Representing the newly formed CCC group, attorney Dean conducted a Q&A, and
incorporated notes from the evening and has presented our proposed amendments
to MPP of AZ to be part of the drafting process for the new ballot initiative.

In late Nov. MPP of AZ began the drafting process working w
staff from the national offices of MPP, Ryan Hurley of Scottsdale-based Rose
Law Firm and various pro-bono in-state volunteers. A poll is expected in
January to determine public attitudes on legalization as a whole and on the
hot-button topic of grow rights. Across the nation citizens’ rights to
cultivate and process their own marijuana vary greatly from state to state.
Following polling results, the final version of the proposed initiative should
be available to the public by late February. The petition gathering campaign
will kick-off in March. This campaign cycle, due to poor midterm voter turnout
in the 2014 elections, the ballot initiative will require only 172,000
signatures, a decrease of almost 80,000 from the previous cycle.

INSIDE SAFER:

The Safer Arizona 2016 cycle re-organization features the following changes:

“Staff” (w no pay yet, can you really call us “Staff”?)

Stepping sideways 2014 president Robert Clark will now be co-chair
w Dave Wisniewski. In addition, Robert will continue directing Tucson and rural
southeastern operations. Dave will be responsible for PHX & central AZ
operations. Dennis Bohlke will step down as treasurer. Political director,
Mikel Weisser will assume that role and is acting finance director as well. Three
regional leaders were announced as well: Yavapai County—Mark Goodman, North
Valley—Benny Ingram & West Valley—John Howlett. If you have been a
volunteer w Safer AZ and are wanting to take a leadership position in your area:
call 928-234-5633

Our merchandising of our green “Marijuana is Safer than
Alcohol” tee-shirts is resumed and
additional products such as stickers, lighters, cups, ball-caps and our
fashion-line of Safer AZ are in the works. An order will be placed 12/8/14 and
will be available for the holiday season.

Our legislative agenda has begun and we are scheduling
appointments w AZ state legislators for the upcoming session. We are seeking
volunteers to meet w their representatives and senators and give them a true
face of an AZ cannabis user instead of the twisted propaganda our opponents use
to demonize us.

About Me

We are occupying the left coast of Arizona, disorganizing people from Yuma to Utah and the Colorado River to Cottonwood! This District was built for an Extremist Republican like the three talking heads that are running, Gould, Gosar, and Babeu. Please help us change the discussion in AZ CD 4. We need your support! Mikel Weisser is a social studies teacher, poet, and activist with progressive vision and energy.